Why do you so many intended parents choose the United States for their surrogacy journey? One reason is the U.S. offers the most supportive legal environment to pursue your family-building journey. When decided where to build your family you need to consider: Where to find the most skilled fertility doctors, where to connect with the most trusted and nurturing surrogates, and most importantly, where the laws are most supportive of surrogacy arrangements. Fortunately, the United States is at the top of the pack when it comes to being a reliable and safe country to pursue surrogacy.

  • The U.S. has strong legal protections for intended parents pursing surrogacy.
  • Most states in the U.S. allow compensated surrogacy.
  • Parents can be legally recognized before the baby is born.
  • In the U.S. surrogacy laws vary by state.

You Don’t Have to Risk Going to Jail to Have Your Dream Family

Although surrogacy is one of the only options for many couples and individuals to have the child they dreamed of, it is illegal in many countries. Germany, France, Italy, Spain, Bulgaria, and Portugal prohibit all forms of surrogacy. Worse, some countries, such as Hong Kong, have criminalized entering into a compensated surrogacy arrangement, going so far as to make it punishable by time in jail.

Most states in the United States either have no laws forbidding surrogacy or are supportive of surrogacy. Of course, there are exceptions, and it is important to steer clear of certain states such as Louisiana and Nebraska, as they have banned commercial surrogacy.

You Can Secure Legal Recognition of Your Parental Rights, Even Before Your Baby Is Born

Many states like Colorado and California, allow the intended parents to obtain a pre-birth order, which recognizes them as the child’s legal parents before the child is born. The pre-birth order process gives parents peace of mind, and they don’t have to fear a surrogate changing her mind and attempting to keep their child.

Other countries and jurisdictions, while permitting surrogacy, may require the intended parents to go through a full adoption process to adopt their own child.

You Can Fairly Compensate Your Surrogate

Some countries – including the United Kingdom, Denmark, and Belgium—allow surrogacy, but only on an “altruistic” basis. That is, they prohibit any paid surrogacy arrangements. A complete ban on compensation severely limits intended parents’ ability to find someone willing to be their surrogate.

On the other hand, most states in the United States have no issues with compensating a surrogate with few exceptions, such as Louisiana and Nebraska.

The Bottom Line

Given the circumstances, it will generally be advisable to go through the surrogacy process in the United States. You can plan your surrogacy journey for the United States to provide maximum legal protection for you, your child, and your surrogate.

Article by Ellen Trachman. Ellen Trachman is the Managing Attorney of Trachman Law Center, LLC, a Denver-based law firm specializing in assisted reproductive technology law. You can reach her at et*******@***************er.com.

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Staci Swiderski, CEO and owner of Family Source Consultants, has been a prominent leader in reproductive medicine for over two decades. Through her strategic vision and dedication, she has developed Family Source Consultants into a globally recognized agency specializing in comprehensive egg donation and gestational surrogacy services. Under Staci’s leadership, the agency has become a trusted partner for intended parents, surrogates, and egg donors worldwide, known for its rigorous standards, compassionate support, and commitment to excellence in third-party reproduction.

Her professional insight is uniquely informed by her own family-building experiences. As an intended parent, Staci welcomed her son via gestational surrogacy in 2005, and as a known egg donor, she assisted an infertile couple in expanding their family. These experiences lend a rare depth to her leadership and have fueled her ongoing dedication to ethical, empathetic, and professional support within the field of reproductive medicine.